Divorce Florida Custody
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It is observed that the concept of marriage is undergoing a lot of changes due to social and cultural evolutions since some years. Previously, marriage was looked upon as an unbreakable bond that cannot be terminated in a lifetime. Nowadays, dissolution of marriage has become a general phenomenon. People tend to prefer individual freedom over marital status. With the increase in divorce rates, a lot of issues were faced by the couple. One of such major issues is responsibility of children from a marriage.
Every state has its different parameters to regulate the issue of guardianship after termination of marriage. Divorce custody in Florida is issued on the basis of some aspects that are explained below:
Rotating Divorce Custody in Florida
- The child spends equal time with both spouses.
- Though this concept seems simple, the framework is very tricky.
- The parents must take the assistance of qualified family lawyers to sort out this issue.
Determining the best solution for Divorce Custody in Florida
The court takes into account the following issues to determine which condition will suit the child most
- The emotional ties, affection and love that exists between the family.
- The morality, physical health and mental health of the partners.
- Which parent exhibits possibility to permit contact between the secondary residential spouse and the kids?
- The history of domestic violence in the family. If such incidences have been occurred, which partner was responsible for this behavior?
- The ability of each spouse to fulfill the increasing educational and personal requirements.
- Which spouse worked as a primary caretaker before dissolution? What was the role of each partner in the kid's routine?
- If there is any kind of disability faced by any of the spouses. Though such disability cannot be the reason for not getting parenting rights, it can affect the decision in a negative way.
Types of child custody
There are many types of guardianships that are awarded in this state. The nature of guardianship will be decided according to requirements of an individual case. The court uses it's discretionary powers to finalize a decision. Following are the two main types:
Joint Plan (also called Shared Parenting)
- One parent is offered the sole right and responsibility to take all the significant decisions pertaining to the child, without consulting the other one.
- The court must conclude that this is in the best interest of the family for it to be awarded.
- The court might grant the visitation rights to the other spouse if it thinks this is appropriate to do so. These kind of visitation can be supervised by the authority, if required so.
- Both the ex spouses collaborate to solve issues like activities, religion, health, education etc.
- Both the spouses have to share the responsibility of the control, and care.
Rights of Fathers in Florida Child Custody Case
If the father is awarded visitation rights, then he may contact the child on Internet or on phone or physically.
- The state acknowledges that the father is the natural guardian and is entitled to take legal action to obtain legal rights.
- If shared parenting is granted, the father is eligible to know which activities his kid is involved in. The father also has the right to participate in these activities. He can actively consult the doctors and teachers. He is offered direct access to the dental, medical, school and other records.
- While deciding on the visitation rights of the father, the court considers the following:
- The father's relationship with the kid
- The work schedule
- The experience in upbringing
Rights of Mothers in Florida Child Custody Case
If a parent is denied a sole guardianship, such person can apply for visitation rights in the court. The judge grants these rights to the non-custodian and approves a schedule that has to followed by a custodian. If any kind of restriction is enforced in this matter, the non-custodian may apply for the court action against it.
- The state court of Florida has considered the mother as the natural custodian.
- The previous point implies that the mother has the first legal right to have responsibility till the court of law determines the legal father.
- The mother can initiate a paternity action against an alleged father to find out if he is the legal and biological father.
- On behalf of the minor, the mother is empowered to request that the father should disburse monitor support and cover the health and medical insurance.